By Kumar Shakti Shekhar
The Pioneer
Friday, August 5, 2011

Sushma objects to PM being kept out of Bill purview

Indraprasth aka New Delhi - The controversial Lokpal Bill was tabled
in the Lok Sabha on Thursday amid protests from the BJP, while the
civil society members burnt the copies of the Bill throughout the
country and said its provisions were "loaded heavily in favour of the
accused".

While the Bill would be referred to the Standing Committee where the
ruling party MPs plan to grill Team Anna, the Government criticised
the BJP for indulging in "double standards and double speak". The
Government also censured the civil society members for burning copies
of the Bill calling it an "affront to Parliament".

Just before the Bill was tabled by Minister of State for Personnel V
Narayanasamy, Leader of Opposition Sushma Swaraj objected to the
provision that kept the Prime Minister out of the purview of the
Lokpal. She wondered how the PM could be excluded "when he does not
enjoy immunity" from prosecution under either the criminal law (IPC
and CrPC) or Prevention of Corruption Act. She maintained that
everybody was equal under the Constitution.

"It is for the first time that under Clause 2 of the Lokpal Bill, all
Union Ministers are included except the PM. I don't understand why.
How can anybody occupying any position be a holy cow? Why is the
Prime Minister being kept out of its purview?" she said.

Swaraj pointed out that Pranab Mukherjee, as chairman of Standing
Committee on Home during the NDA regime in 2002, had accepted that
the PM should be under the ambit of the Lokpal. She also said even
Manmohan Singh had himself advocated bringing the PM under the
purview of the Lokpal. "Why is the Cabinet not paying heed to his
views?" she posed.

Mukherjee countered that on February 16, 2002 as Chairperson of the
Standing Committee on Home he had placed that Bill on the table of
the House. "NDA had two full years after that. Why did they not bring
the Bill?" he wondered.

The Bill has been referred to the Standing Committee on Law, Justice
and Personnel, headed by Congress MP Abhishek Singhvi. Sources in the
Government said Team Anna would be summoned by the Committee where
the chairman and the ruling party MPs "would grill them".

But the civil society members stepped up their attack by burning
copies of the Bill in different parts of the country and the national
Capital. Anna Hazare reiterated that Government's Lokpal draft Bill
was an eyewash and has no relief for the poor. He burnt copies of the
Bill in his village Ralegaon Siddhi in Pune and appealed to the
people protest against the Government's decision.

Senior lawyer Prashant Bhushan, a core member of Hazare team, alleged
that the provisions of the Bill were loaded heavily in favour of the
accused public servants and against the complainants. "Any person
will think 50 times before making a complaint," he said. While the
minimum punishment to an accused under Prevention of Corruption Act
is six months, that of a person making a false, frivolous or
vexatious complaint the minimum is two years jail and a maximum five
years and with a minimum fine of Rs 25,000 and maximum fine of Rs 2
lakh.

According to Clause 23 of the Bill, the Investigation Wing of the
Lokpal would, before lodging an FIR, make a preliminary inquiry to
ascertain whether there exists a prima facie case for proceeding in
the matter. Subsequently, "the Lokpal shall give an opportunity to
the public servant of being heard".

Clause 24 seeks to provide that "the persons against whom any inquiry
or investigation is proposed to be conducted shall be allowed to
inspect any record in connection with the commission of any alleged
offence, which are necessary for him to defend his case and take
extracts from there".

Similarly, Clause 56 provides that legal assistance for defending a
case before the Lokpal shall be provided to every person against whom
complaint has been made before it, if such assistance is requested.

Meanwhile, Home Minister P Chidambaram, Telecom Minister Kapil Sibal
and Minister of State for Personnel V Narayanasamy attacked the BJP
and civil society members later in the day. They alleged that
Swaraj's statement was a "classic case of political opportunism".

Sibal said the BJP-ruled State of Gujarat was without a Lokayukta
since 2003 while in Uttarakhand, Jharkhand and Bihar, where BJP and
JD(U) were allies, the Chief Minister was excluded from the purview
of Lokayukta.

"How can the BJP keep the CM out of the ambit of Lokayukta in its
States and rise up in the Lok Sabha to demand inclusion of the PM? It
is a classic example of double standards and double speak," said
Sibal.

Comments:

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Lokpal Bill tabled; Anna burns copies

By B S Ganesh, gansha...@yahoo.co.in BANGALORE on 8/5/2011 8:06:01 AM

Jan Lok Pal Bill mooted by Anna Hazare is in no way connected with
the Congress, BJP or any other party. This is mainly connected with
the safety, security, and groewth and and prosperity of rores if
common people and country. This is not against any politician and in
the real sense politicians have to help country and its common
people. But in India politicians work for their safety and prosperity
as the main concern.

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alternative to pass the bill

By nagesh on 8/5/2011 7:24:53 AM

Forgive all curruption charges levied on MPs ,convert black money
into virtual property of MPs and their relatives ,open Swiss bank
branch in India. Start the lokpal bill rule punishment from this year
DASSERA (RAVAN BURNING)day for new charges. Then only MPs will agree
to pass the bill. MPs are no concern with am janta.

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false complaint

By kumar on 8/5/2011 2:21:49 AM

Accuser has to be very much sure before making a complaint. Bill
excludes Anna & Co. as of now. In India even suspicious acusations
have made honest people commit suicide and lot of honest and sincere
people have their lives and reputations in jeopardy after acusations
though they were found not guilty laterand Not all are born with
brave hearts like Shri Prasanth Bhushan.

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